Ebook International Law and Organization: An Introduction, by Thomas R. Van Dervort
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International Law and Organization: An Introduction, by Thomas R. Van Dervort
Ebook International Law and Organization: An Introduction, by Thomas R. Van Dervort
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The study of international law has, in recent times, appeared disconnected from real world politics. In this book, international law is introduced as a dynamic process with an explicit connection to the contemporary realpolitik.
Following an historical overview of the development of international law - starting with ancient Rome and continuing up to the present day - the author considers the basic principles of international law in specific fields, focusing on the application of international legal principles in domestic courts. Van Dervort concludes with an examination of law on an international plane, discussing disputes between sovereign nation-states.
- Sales Rank: #1743265 in Books
- Brand: Brand: SAGE Publications, Inc
- Published on: 1997-07-10
- Original language: English
- Number of items: 1
- Dimensions: 10.50" h x 1.50" w x 7.50" l, 3.31 pounds
- Binding: Paperback
- 664 pages
- Used Book in Good Condition
Most helpful customer reviews
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in International Relations...
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Reviewed in International Relations Vol14 No4 April 1999 byVLADIMIR MATVEYEV, Moscow State Institute of InternationalRelations...
Professor Van Dervort has written a most comprehensiveand authoritative textbook on contemporary internationallaw. Containing, as it does, carefully chosen legal documents, thebook is of indispensable value for both students and teachers. Theauthor's logical and elegant narration ensures that it will sparkgeneral interest in international law.
Van Dervort contests theerroneous, through widespread, assumption that international law is adry and dull subject, unrealistically normative and without muchrelevance to world politics and international relations. In Part I hetraces the long evolution of international law and the history ofinternational organization, linking these logically with the historyof international relations and a general world history. He begins withancient Rome, concentrating particularly on Roman jus gentium whichwas designed to govern the relations of non-Romans in the Roman Empireas well as relationships between Romans and non-Romans. Arguing thatcontemporary international law is basically a product of Westerncivilization, Van Dervort follows its evolution through the crucialevents in the history of Western Christendom, namely through theRenaissance and Reformation and the rise of the nation state inEurope. Particular attention is paid to the 19th century Concert ofEurope which, for the first time since the rise of the nation state,provided an international organization, albeit an informal one, whichsuccessfully maintained a general peace in Europe for a century. Thediplomatic activity of the major European powers within the frameworkof the Concert of Europe gave impetus to the expansion ofinternational legal regulation in various fields, to the establishmentin 1900 of the Permanent Court of Arbitration as a follow up to theHague Convention for the Pacific Settlement of International Disputes,and to the creation of the first permanently functioningintergovernmental organizations (the International Telegraphic Unionin 1865 and the Universal Postal Union in 1874). But mankind had toundergo immense suffering in two world wars in the twientieth centurybefore it appreciated the absolute necessity of establishinginternational political organizations with wide responsibilities forthe maintenance of international peace and security. The period afterthe Second World War witnessed a fundamental change in internationallaw with the prohibition of the use of force against the territorialintegrity or political independence of any state. Summing up hishistorical overview, the author concludes, `the emergence of aworldwide community of nations with a functioning set ofdifferentiated political decision-making institutions, and a set oflegal principles that define its functions, is the most importantdevelopment of the twentieth century'.
While viewing the UnitedNations as the key coordinating set of internationalproblem-identification and problem-solving institutions, andreasonably devoting a large part of his book to UN legal activities,the author nonetheless argues that the contemporary world communityencompasses much more than just the United Nations, and he cites someimpressive figures. Since 1946 more than 30,000 formal treaties havebeen registered. Most of the customary principles of international lawhave been codified in hundreds of lawmaking treaties establishingrules of universal application in diplomacy, law of the sea, airspace,outer space and warfare. Nearly 400 intergovernmental organizationsillustrate the depth of the new international community.
Describingcontemporary international law, the author points out that thetraditional division between public international law, privateinternational law and the law of international commerce can no longerbe considered valid in the light of the major internationalchanges. His view is that the distinction between public law, whichfocuses on states not people and which is regulated by internationaltribunals, and private law, which affects individuals and corporationsand is administered by domestic courts of justice, has becomeblurred. As illustrated by the numerous law cases quoted in the book,more and more treaties and international agreements have become a partof the law adjudicated in domestic courts. Professor Van Dervortclearly sides with the first US Judge on the International Court ofJustice who in 1956 invented the term `transnational law' anddefined it `to include all law which regulates actions or eventsthat transcend national frontiers. Both public and privateinternational law are included, as are other rules which do not whollyfit into such standard categories'.
Van Dervort firmly believes thatindividual state implementation of many aspects of international lawis the important feature of the new world order. Thus, every chapterof Part II of his book (encompassing human rights law, internationalbusiness law, international labour and environmental regulation,crimes and extradition, diplomatic and sovereign immunity,international property and consumer protection) provides illustrationsof the application of the principles of international law in UScourts. Some notable examples can be found in Chapter 10 coveringdiplomatic and sovereign immunity. For example, the 1961 ViennaConvention on Diplomatic Relations was enacted into US domestic law asthe 1978 Diplomatic Relations Act. The 1976 Foreign SovereignImmunities Act represented an important departure from previousconcepts of absolute sovereign immunity and allowed states to be suedby private parties. Accordingly individuals acquired a broad range ofrights and duties involving international disputes which could bedirectly adjudicated in national courts.
Part III of the book dealswith the traditional international plane of disputes involving acts ofstate, that is with public international law. The process ofadjudication through international tribunals is the principal focus ofthese chapters. Finally, the extensive set of enforcement mechanismsavailable to individual states, multinational organizations and theUnited Nations to enforce the norms and rules of international law areexamined. The appendices contain the United Nations Charter, theTreaty on European Union and approximately a dozen of other importantinternational legal documents.
In his concluding chapter `Towardthe Future', Professor Van Dervort again stresses the expansion ofinternational law into the realm of the protection of the fundamentalrights of individuals and the new possibilities for direct legalaction by private parties to remedy wrongs which have been committedagainst them by their own, or even by foreign, governments. He seesthis as the most positive development of the last decades. He alsoapplauds recent indications of the willingness of states to surrendercriminals to regulation by the international community, especially incases involving universal crimes. Yet, his assessments are not whollyoptimistic. Towards the end of the century international law, asdistinct from domestic law, has failed to develop clearly definedinstitutions of lawmaking, law interpretation and lawenforcement. International tribunals have very limited jurisdictionsand depend on the prior consent of the parties to agree toadjudication. Iran's refusal to cooperate with the InternationalCourt of Justice and, later, in 1980, to comply with its decision(thoroughly narrated by Van Dervort) is one of many examplesillustrating the deficiencies of international law enforcementmechanisms.
The author's reflections on the development ofinternational law in the next century are explicitly connected withthe United Nations. Referring to the 1995 report of the Commission onGlobal Governance, entitled Our Global Neighbourhood Professor VanDervort particularly emphasizes that the Commission recommendedstrengthening the World Court by giving it compulsory jurisdiction,enlarging the Security Council, improving the financial soundness andaccountability of the agencies of the United Nations and revitalizingthe General Assembly. The author himself is a convinced advocate ofthese recommendations and by placing them at the end of his text, heunderlines their importance.
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